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5-year legal fight over O’Doul’s beer (NM man convicted of open container in car)
The Albuquerque Journal ^ | June 27, 2013 | Steve Hansen

Posted on 06/27/2013 1:00:58 PM PDT by CedarDave

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To: TheThirdRuffian

Except somebody else here says in CA and WA it’s carded. State laws vary. Heck local laws vary too, dry counties could really mess with the situation too.


41 posted on 06/27/2013 2:35:52 PM PDT by discostu (Go do the voodoo that you do so well.)
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To: CedarDave

Seems like the case should be open-and-shut. The guy must have a fool for a lawyer.


42 posted on 06/27/2013 3:09:39 PM PDT by NonValueAdded (Unindicted Co-conspirators: The Mainstream Media)
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To: CedarDave

In a just society, the cop would not have charged this guy with open container, not when the law specifically requires greater than 1/2% alcohol for an open container charge.

In a just society, the prosecutor would not have prosecuted this guy for open container, not when the law specifically requires greater than 1/2% alcohol for an open container violation.

In a just society, the judge would have thrown out the open container charge in the original trial, even if the accused didn’t phrase his explanation in proper legal language, or the District Court judge would have directed the court appointment of a lawyer to handle this basic case and get the guy back to his normal life.

We live in the Obama society, where a 14 y/o kid can face a year in jail for wearing an NRA t-shirt, and a 6 y/o can be suspended and have a weapons violation on his permanent school record for chewing a Pop Tart into a “threatening” shape or for bringing a Lego “gun” smaller than a fingernail to school. This ruling makes complete sense - the guy didn’t pay a lawyer the proper fee to grease the system, and he will suffer. America is in deep trouble.


43 posted on 06/27/2013 3:12:26 PM PDT by Pollster1 ("Shall not be infringed" is unambiguous.)
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To: NonValueAdded

He is his own lawyer.


44 posted on 06/27/2013 3:14:19 PM PDT by rawhide
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To: discostu

Carded or not in some instances has to do with the department the product falls under at the store, Ive been carded for sour mix and bloody mary mix, neither of which contained ANY alcohol. Does not always have anything to do with the law.


45 posted on 06/27/2013 3:23:48 PM PDT by KEVLAR (Liberty or Death)
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To: rawhide

Then I see you caught my drift.


46 posted on 06/27/2013 3:27:10 PM PDT by NonValueAdded (Unindicted Co-conspirators: The Mainstream Media)
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To: KEVLAR

Yeah sometimes the stores are hyper on that, encountered that buying cold medicine. But somewhere in the local law will be if the have to or not.


47 posted on 06/27/2013 3:34:44 PM PDT by discostu (Go do the voodoo that you do so well.)
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To: dfwgator

Why is Bud Lite the “Sex Canoe of Beers”?

Because it’s f-—g close to water.


48 posted on 06/27/2013 3:40:17 PM PDT by TheThirdRuffian (RINOS like Romney, McCain, Dole are sure losers. No more!)
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To: discostu

In New Mexico (where I live and this occured), an “alcoholic beverage” is defined as:

“all alcoholic beverages, including beer, wine, and spirits that contain one-half of one percent or more of alcohol by volume”

Odul’s has less than “one-half of one percent or more of alcohol by volume”

That’s the test. Period.


49 posted on 06/27/2013 3:44:59 PM PDT by TheThirdRuffian (RINOS like Romney, McCain, Dole are sure losers. No more!)
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To: CedarDave

Cant wait for self driving cars.

Get rid of all this stuff.

I was charged with a DUI even though I blew a zero.

My great sin was that I was to nervous to stand on one foot because I just got stopped by the cops.


50 posted on 06/27/2013 3:46:37 PM PDT by foxpro2
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To: TheThirdRuffian

Then he should have hired a lawyer and won this 5 years ago.


51 posted on 06/27/2013 3:51:03 PM PDT by discostu (Go do the voodoo that you do so well.)
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To: bravo whiskey
i believe legally, it cannot be called BEER so the label says BREW.
Interesting ... never noticed.
52 posted on 06/27/2013 3:53:49 PM PDT by oh8eleven (RVN '67-'68)
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To: TexasTransplant

Lemon extract——about 80%.


53 posted on 06/27/2013 3:58:31 PM PDT by Mears
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To: oh8eleven

Good job. As one who also put the plug in the jug 20 years ago this October I can say that a cold N/A beer is enjoyable now and then. And no, it doesn’t make me want a “real” beer.


54 posted on 06/27/2013 4:08:00 PM PDT by BattleFlag (The right to self defense, one without which none others matter)
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To: discostu
Then he should have hired a lawyer and won this 5 years ago.

Why? Seems to me the judge has a vendetta here if he doesn't even know the difference between alcoholic and non-alcoholic beverages.

55 posted on 06/27/2013 4:21:59 PM PDT by VeniVidiVici (Obama's Enemies List - Yes, you are a crook.)
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To: GrandJediMasterYoda
Either way, I never understood O’Douls. It’s like the Sanka of beer. Why drink it in the first place? What’s the point?

I drink it because it tastes like beer and the medications I take do not allow me to drink alcoholic beverages.

56 posted on 06/27/2013 7:25:19 PM PDT by OldPossum
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To: OldPossum
Yup. Some times when I don't feel like getting buzzed but want the taste of cold beer I'll get O'doul's. A couple beers will spin me up pretty quick and especially in hot weather, and that interferes with other things I might want to do later.

Not sure what any of that has to do with this poor slob who got the ticket, or what his motivation is for fighting it. My guess is there is some reason he got the ticket, something other than the beer. I have been there in my younger days.

57 posted on 06/28/2013 4:58:19 AM PDT by Clinging Bitterly (I will not comply.)
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